City of Palm Springs, CA Article VI Denial, Suspension, Modification and Revocation of Permits

§ 5.41.220 Denial of a Pedicab Permit.

The city manager may deny issuance of a pedicab owner permit, a pedicab driver permit, or a pedicab vehicle permit if an applicant for such permit:

A. Fails to comply with the requirements of this chapter;

B. Misrepresents facts relevant to the fitness of the applicant in question;

C. Is currently required to register pursuant to California Penal Code Section 290 or California Health and Safety Code Section 11590;

D. Has been convicted of any crime involving moral turpitude; or

E. Has been convicted of a "hit and run" violation pursuant to California Vehicle Code Section 20001, 20002 or 20003, engaging in a speed context in violation of California Vehicle Code Section 23109, or 23109.1, driving a vehicle "recklessly" in violation of California Vehicle Code Section 23103, 23103.5, or 23104, fleeing a pursuing peace officer in violation of California Vehicle Code Section 2800.1, 2800.2, 2800.3, or 2800.4, driving while under the influence of intoxicating alcohol or drugs in violation of California Vehicle Code Section 23152 or 23153, or vehicular manslaughter in violation of California Penal Code Section 192 or 192.5, within the 10 years immediately preceding application for a pedicab permit under this chapter.

(Ord. 1951 § 1, 2018)

§ 5.41.230 Suspension, Modification, or Revocation of Permits.

A. The city manager may suspend, modify or revoke a pedicab owner permit, a pedicab driver permit, or pedicab vehicle permit if the holder of the permit:

1. Misrepresents facts relevant to the fitness of the pedicab owner or pedicab driver if such misrepresentation becomes known after a permit has been issued;

2. Violates the traffic laws of the city, county or state;

3. Is convicted of a "hit and run" violation pursuant to California Vehicle Code Section 20001, 20002 or 20003, engaging in a speed context in violation of California Vehicle Code Section 23109, or 23109.1, driving a vehicle "recklessly" in violation of California Vehicle Code Section 23103, 23103.5, or 23104, fleeing a pursuing peace officer in violation of California Vehicle Code Section 2800.1, 2800.2, 2800.3, or 2800.4, driving while under the influence of intoxicating alcohol or drugs in violation of California Vehicle Code Section 23152 or 23153, or vehicular manslaughter in violation of California Penal Code Section 192 or 192.5.

4. Fails to maintain any pedicab in good order and repair;

5. Drives or operates a pedicab, or allows a pedicab to be driven or operated, when it is known to the owner or driver not to be in good order and repair;

6. Knowingly falsifies material and relevant facts on an application or renewal application for a pedicab owner permit, pedicab driver permit, or pedicab vehicle permit;

7. Fails to maintain insurance as required in this chapter;

8. Fails to notify the city manager 30 days prior to the effective date of liability insurance cancellation or change of insurer;

9. Fails to pay any fines, penalties, fees or damages lawfully assessed upon the owner or driver of a pedicab, pursuant to this chapter or otherwise;

10. Is convicted of a violation of any crime involving driving after ingestion or consumption of any alcoholic beverage or narcotic, or moral turpitude;

11. Operates any vehicle in a manner which constitutes a misdemeanor under the laws of the state of California;

12. Fails to comply with any of the applicable provisions of this chapter or the rules and regulations prescribed by the city manager; or

B. In addition to the provisions of Section 5.41.230, the city manager may immediately suspend or revoke any pedicab owner permit, a pedicab driver permit or pedicab vehicle permit upon receipt of information reasonably sufficient and reliable to establish probable cause to believe that the permit holder has committed a violation of law involving:

1. A criminal offense chargeable as a felony;

2. Solicitation for prostitution;

3. A narcotics or alcohol-related offense;

4. The suspension or revocation of a license to drive issued by a state or territory of the United States.

C. Upon suspension or revocation of any permit, the pedicab owner or pedicab driver shall immediately surrender the pedicab owner permit, pedicab driver permit, pedicab vehicle permit, and any identification card(s) and/or pedicab vehicle sticker(s) to the city manager. In the event of suspension, the city manager shall return any suspended permit to the holder of such permit immediately after termination of the suspension period. After any such permit has been revoked, the holder of that permit may not reapply for such permit until three years have elapsed since the date when the revocation in question became a final adjudication.

(Ord. 1951 § 1, 2018)